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Tensions remain high over Open Meeting Law charges in Lunenburg

By Katina Caraganis , kcaraganis@sentinelandenterprise.com

Updated:
03/12/2014 07:24:53 AM EDT

LUNENBURG -- Tempers flared during Tuesday night's Board of Selectmen meeting after a resident who has been critical of the way certain boards and committees have run accused selectmen of turning a blind eye to alleged Open Meeting Law violations in town.

Troy Daniels had been appointed as a member of the Public Access Cable Committee, but said that because even after his appointment there was no quorum, the committee could not legally meet.

Daniels has maintained that the PACC has continually violated the Open Meeting Law by holding meetings without a quorum. He said the board has not had a quorum since May 2011.

He also alleges the vice chairwoman has continued to serve despite her appointment having ended last summer, and said the committee has met illegally in three separate executive sessions.

He also said be believes the committee failed to hold annual organizational elections for two years despite a town bylaw mandating such elections. He said the last organizational meeting was held July 5, 2011.

Daniels also alleges that on Jan. 24, 2011, the committee deliberated about bylaw changes without posting the meeting, and allegedly ignored the 14-day notice required by a town bylaw for bylaw changes.

He went on to say in his complaints that agendas for meetings from August 2010 through August 2013 lacked specificity, and new business that does not appear on agendas is anticipated and is often budgetary or policy. A board or committee can talk about items not on the agenda if the matter is not reasonably anticipated by the chairman when the agenda is posted.

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Daniels said he has made multiple requests to PACC secretary Fred Crellin for copies of minutes, but they have never been produced.

He also wrote that reasons for executive sessions were not listed on agendas or were not valid reasons to enter into executive session.

He has since resigned from the position.

"While I understand disagreement, I have always had a great deal of difficulty accepting hypocrisy," Daniels said at Tuesday's meeting. "Week after week, a call has been made for volunteers. Yet talent-bank applications often go unacknowledged with no response. There have been many claims and touts about supporting transparency in local government."

Daniels also accused Selectman Paula Bertram, whose daughter works at the Department of Public Works, has a clear conflict of interest in her attempts not to cut a position at the Board of Health.

"A true example of a conflict of interest would be the Board of Selectmen member fighting to not eliminate a position at the Board of Health because the Board of Health employee was threatening to bump her daughter from her job," he said.

When Daniels made that accusation, Bertram became visibly upset and pushed her chair away from the table.

Afterwards, Bertram said Daniels' accusations are unfounded.

"Maybe you should check your facts," she said. "You have taken Open Meeting Law complaints and complaints about elections. You need to sit back and work together with people. That's how you get things done, not blatantly attacking them."

Selectman Dave Matthews agreed with Bertram, saying the board appointed Daniels to the PACC to help with quorum issues and to help move the group forward.

"Mr. Daniels has done nothing on his part to move that board forward," Matthews said, adding that all Daniels has done is "point fingers and go after people and attack them."

Bertram said she agrees with Daniels that there were issues with the PACC, but said it is doing nobody any good dwelling on those issues.

"They're a group of volunteers," she said. "They're doing everything to make meetings more visible to the public. Instead of moving that forward, you decided to go back. I would suggest before you sit up and talk about everyone's failings, why not help people?"

Later in the meeting, Selectman Robert Ebersole, who is Daniels' domestic partner, asked the board to add to its policies and procedures manual to say that whenever a volunteer leaves a board or committee, he or she should be recognized, and a letter of thanks should be issued.

Currently, the board issues letters of thanks for extraordinary service.

Ebersole suggested sending a letter to Daniels last week when he resigned, but other selectmen said it's usually only done for someone who has served for a number of years.

Selectman Tom Alonzo said volunteers are thanked when they are first appointed to serve.

Ebersole expressed his disappointment during the meeting after it was clear the other four selectmen were against his proposal.

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